Criminalization of Competition Law Enforcement
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Criminalization of Competition Law Enforcement

Economic and Legal Implications for the EU Member States

Edited by Katalin J. Cseres, Maarten Pieter Schinkel and Floris O.W. Vogelaar

This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate.
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Chapter 17: Competition Policy in Estonia

Aini Proos


Aini Proos The year 2004 has been very important to Estonia: we joined the European Union, as did the other nine accession countries. It has caused changes on the legislative and on the supervisory level in competition policy. We established competition policy and applied supervision of competition in practice in 1993, when the first Competition Act was enforced and the Estonian Competition Board (ECB) was formed. The second Competition Act entered into force in 1998. In 2001 the current Competition Act took effect and some changes have been made even later, with the latest changes having come into force on 1 August 2004. The ECB falls under the remit of the Ministry of Economic Affairs and Communications. The number of personnel employed currently is 47. The ECB has the responsibility to carry out supervisory tasks over all sectors of the economy. The main tasks of the ECB are: • to investigate agreements restricting competition; • to process cases involving abuse of a dominant position by undertakings; • to exercise control in respect of concentrations; • to examine the competitive situation in the relevant markets and to make proposals for fostering increased competition. There are three different procedures the ECB can use in the process of handling of competition cases: administrative, misdemeanour and criminal. In examining competitive situations in relevant markets, the ECB uses an administrative procedure, if the examination does not involve a criminal or misdemeanour case. On 1 September 2002 the Penal Code was changed in principle, that is, the Code was amended...

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